The Position Of Bank Holding The Bill Of Lading In The Law Of Carriage Of Goods By Sea

Because of lacking of credit guarantee mechanism in the trading market,people always use the L/C opened by the bank when doing international sale of goods.With the development of international trade,bank has become an important part under the L/C all over the world and will be more significant in the future,not only in the international trade,but also the carriage of goods by sea.However,because of the complex situation in contract of carriage of goods by sea and lacking of law in our country,as the holder of the lading bill,bank hasn’t a clear position in the law about the carriage of goods by sea.It will produce a series of legal problems,because the bill of lading is mainly done through bank transfer in international settlement.If the bank hold the shipping documents after having paid the beneficiary,while the applicant does not pay the payment,what rights and obligations does the bank holding the bill of lading has?when the carrier has losses from the shipment,could it have the right to claim to the bank?but there is not a clear legal status on banks in the legal system.I believe that the lacking will lead to being difficult for the bank to maintain its legitimate interests and do harm to conduct normal international trade,and even affect the solution of the disputes arising concerning carriage of goods by sea.In view of this,this article will analyze the bank’s status being the holder of bill of lading under the law of carriage of goods by sea through combining some relevant regulations and laws,and I hope to help clarify the relevant issues and protect interests of the bank.The article is divided into four parts and the main contents are as follows:The first part is the derivation of problems.Through the analysis of the case questions,classic Banks to hold the bill of lading when status under the transportation method is not clear,due to its position is not clear its rights and obligations is not clear.Is a holder of the bill of lading for goods implementation problems,main issue of the problem is that the holder of the bill of lading to the carrier for shipment release without collection bill of what rights behavior,indicted infringement or breach of contract.Another is the holder of the bill of lading liability problem,controversy is whether the holder of the bill of lading to the carrier be liable for damages.The second part is about the legal status of bank holding a bill of lading.Introduced the important function of the Banks in the national trade and international shipping,again through the analysis on the components of the holder of the bill of lading,when the buyer fails to perform the payment obligation of payment,bank become the legitimate holder of the bill of lading,bill of lading pledge.At the same time,the time of delivery if Banks hold a one-way carrier request,is the consignee’s identity.The third part is the theories and current legislation situation about the banks is holding of the bill of lading.First analyses the existing main doctrines,it is concluded that the pros and cons of each theory,and puts forward the author’s personal view.Then,respectively,to the international conventions,the method and discuss the regulation of our country legislation,explores how in the legislative regulations,the legal status of the Banks to hold a single,and points out that the deficiency in legislation in our country.The fourth part is holding the bill of lading legal status of the bank’s personal thinking.In-depth analysis of the legal status of the bank related issues,the realization of the right of claim to the goods of a single bank and studies the liability to pay compensation,in order to make clear bank in transport law the rights and obligations.Finally,according to the situation of our country,and put forward legislative proposals,to perfect our country the lack of laws and regulations.